Attorneys for Richard Convertino, the former prosecutor who until last week waslocked in a subpoena battle with a Detroit Free Press reporter over confidential sources,indicated in a court motionWednesday they will now pursue editors at the paper for the sources’ names.
Their shift in attentioncomes days after reporter David Ashenfelter avoided having to reveal the names at a deposition, successfully invoking the Fifth Amendment right against self-incrimination. Convertino is suing the government under the Privacy Act; heclaims its employees illegally leaked to Ashenfelter information about an investigation into Convertino’s conduct in a high-profile terrorism trial. The former prosecutor wants Ashenfelter to identify the leakers to boost the lawsuit.
Ashenfelter first tried without success to invoke a First Amendment-based reporter’s privilege in an attempt to keep his sources secret. He then turned to the Fifth Amendment.
Convertino’s attorneys on Wednesday renewed a 2007 motion seeking the testimony of Ashenfelter’s editors, as well as all relevant documents, records and phone logs held by the newspaper. They argued that neitheraFirst Amendment-based privilege nor the Fifth Amendment should shield the editors.